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Natural Environment Bill

Natural resource permits - Nature of permits, commencement, duration and review - Natural resource use activity applications by existing permit holder or other

183: Application by existing permit holder

You could also call this:

"Applying to keep using a natural resource if you already have a permit"

Illustration for Natural Environment Bill

If you already have a permit to use a natural resource, this section applies to you. You are making an application to keep using the resource under sections 18, 19, 20, and 21. The permit authority gets other applications to use the same resource. Your application gets priority over the other applications. The permit authority must decide on your application first. They decide by looking at how well you use the resource and if you follow good practices. They also consider if you have been given an enforcement order or convicted of an offence under sections 265 or 278. They look at how many orders or convictions you have, how serious they are, and how recently they happened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557550.

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182: When sections 183 and 184 apply and when they do not apply, or

"When rules 183 and 184 are used for natural resource permits"


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184: Applications by person who is not existing permit holder, or

"Applying for a permit when you don't already have one"

Part 4Natural resource permits
Nature of permits, commencement, duration and review: Natural resource use activity applications by existing permit holder or other

183Application by existing permit holder

  1. This section applies when—

  2. a person holds an existing natural resource permit to undertake an activity under any of sections 18, 19, 20 and 21 using a natural resource; and
    1. the person makes an existing permit application; and
      1. the permit authority receives 1 or more other applications for a natural resource permit that—
        1. are to undertake an activity using some or all of the natural resource to which the existing permit relates; and
          1. could not be fully exercised until the expiry of the existing permit.
          2. The application described in subsection (1)(b) is entitled to priority over every application described in subsection (1)(c).

          3. The permit authority must determine the application described in subsection (1)(b) before it determines any application described in subsection (1)(c).

          4. The permit authority must determine an application described in subsection (1)(b) by applying all the relevant provisions of this Act and the following criteria:

          5. the efficiency of the person's use of the resource; and
            1. the use of industry good practice by the person; and
              1. if the person has been served with an enforcement order not later cancelled under section 265, or has been convicted of an offence under section 278,—
                1. how many enforcement orders were served or convictions entered; and
                  1. how serious the enforcement orders or convictions were; and
                    1. how recently the enforcement orders were served or the convictions entered.